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Ajay Kumar Gupta v. Gaurav Kumar

Patna HC16 Jul 2025C.Misc./653/2025

Case brief

AI extract

What is this about?

Expeditious disposal direction to subordinate court; Sub Judge-II, Patna; objection petition dated 03.01.2025 in Misc. Case No. 86/2024; Title Suit No. 451/2022; Order 9 Rule 13 CPC; Kameshwar Prasad Singh vs. Rajendra Upadhya 2001 (3) PLJR 396 (cited by counsel); disposal preferably within one month; due opportunity of hearing; parties barred from unnecessary adjournments; no notice to respondent; C.Misc. No.653 of 2025; Patna High Court; Arun Kumar Jha, J; 16-07-2025; NAFR.

What did the court decide?

Direction to Sub Judge-II, Patna to dispose of the petitioner's objection petition dated 03.01.2025 in Misc. Case No. 86/2024 on its merits and in accordance with law, preferably within one month, after giving due opportunity of hearing; parties directed to cooperate without unnecessary adjournments. ¶22

Ajay Kumar Gupta Vs Gaurav Kumar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the learned Sub Judge-II, Patna should be directed to pass an appropriate order on the petitioner's objection petition dated 03.01.2025 filed in Misc. Case No. 86/2024, on which no orders had been passed since 10.03.2025.

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Court's answer

The learned trial court (Sub Judge-II, Patna) is directed to proceed in the matter and dispose of the petition dated 03.01.2025 filed by the present petitioner in Misc. Case No. 86/2024 on its merits and in accordance with law at the earliest, preferably within one month from receipt/production of a copy of the order, after giving due opportunity of hearing to the parties.

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Ratio / Principle

Since the matter sought only a direction to the trial court for expeditious disposal of the petition dated 03.01.2025, there was no need to issue notice to the respondent, who is the petitioner before the learned trial court.

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Key takeaways

The parties are directed to cooperate in the matter for its early disposal without seeking unnecessary adjournment.ratio¶20

Detailed headnote1 paragraphs

Patna High Court (Arun Kumar Jha, J) disposed of C.Misc. No.653 of 2025 (Ajay Kumar Gupta v. Gaurav Kumar), decided 16-07-2025 (NAFR). The petitioner approached with a limited prayer seeking a direction to the learned Sub Judge-II, Patna to pass appropriate orders on his objection petition dated 03.01.2025 filed in Misc. Case No. 86/2024, raising objections regarding the respondents' knowledge of, and deliberate avoidance of appearance in, Title Suit No. 451/2022. Though the trial court heard the matter on 24.02.2025 and fixed it for orders on 10.03.2025, no orders had been passed since. Holding that no notice to the respondent was necessary as the petition sought only expeditious disposal, the Court directed the trial court to dispose of the petition dated 03.01.2025 on its merits and in accordance with law at the earliest, preferably within one month of receipt/production of a copy of the order, after giving due opportunity of hearing to the parties, and directed the parties to cooperate without seeking unnecessary adjournments. Learned counsel had referred to Kameshwar Prasad Singh vs. Rajendra Upadhya, 2001 (3) PLJR 396 (misc. case under Order 9 Rule 13 CPC disposable in limine on limitation).

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.653 of 2025

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Ajay Kumar Gupta Son of Late Banarsi Lal, Resident of Ashok Raj Path, Opposite Kulharia Complex, Mini Market, P.S. Pirbahore, District- Patna.

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... ... Petitioner/s

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Versus

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Gaurav Kumar Son of Late Bhola Prasad Kashyap, Resident of Ashok Raj Path, Opposite Kulharia Complex, Mini Market, P.S. Pirbahore, DistrictPatna.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Abinash Kumar, Advocate For the Respondent/s : Mr. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT

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Date : 16-07-2025

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Record taken up on mentioning being made on behalf

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of the petitioner.

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Heard learned counsel for the petitioner.

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The learned counsel for the petitioner submits that

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the petitioner has approached this Court with limited prayer seeking direction to the learned Sub Judge-II, Patna to pass an appropriate order on the objection petition dated 03.01.2025 filed by the petitioner in Misc. Case No. 86/2024. The learned counsel further submits that the petitioner has taken a number of objections in the petition dated 03.01.2025 regarding knowledge of the respondents about the proceeding in Title Suit No. 451/2022 and the respondents deliberately avoiding appearance in Title Suit No. 451/2022. The learned trial court though heard

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Patna High Court C.Misc. No.653 of 2025 dt.16-07-2025 2/3

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the matter on 24.02.2025 and fixed the matter on 10.03.2025 for orders, but, since then, no orders have been passed on the objection petition of the petitioner. The learned counsel refers to a decision of this Court in the case of Kameshwar Prasad Singh vs. Rajendra Upadhya reported in 2001 (3) PLJR 396 wherein the learned Single Judge of this Court held that a miscellaneous case filed under Order 9 Rule 13 of the Code of Civil Procedure can be disposed of in limine on the preliminary issue of limitation.

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Since it is the matter seeking direction to the learned trial court for expeditious disposal of the aforesaid petition dated 03.01.2025, I do not think there is any need to issue notice to the respondent, who is the petitioner before the learned trial court.

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Accordingly, the learned trial court, i.e., Sub JudgeII, Patna is directed to proceed in the matter and try to dispose of the aforesaid petition dated 03.01.2025 filed by the present petitioner in Misc. Case No. 86/2024 on its merits and in accordance with law at the earliest and preferably within a period of one month from the date of receipt/production of a copy of this order, after giving due opportunity of hearing to the parties.

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Patna High Court C.Misc. No.653 of 2025 dt.16-07-2025 3/3

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